Easement

Definition

An easement (or servitude) is a type of legal obligation that applies to a property. You will most often encounter it in the context of inheritance. Therefore, whether you are inheriting or purchasing a property, it is recommended to check the real estate cadastre and the property deed to ensure that no easement exists on the property that you are unaware of. Easements are listed in section “C” of the property deed.

The essence of an easement is that as the property owner, you must either tolerate something, refrain from certain actions, or perform certain duties.

Obligation to tolerate

The obligation to tolerate something usually arises when inheriting a property but being required to allow a third party to continue living in it. You do not have the right to evict that person from the property.

Obligation to refrain

The obligation to refrain means that, even as the owner, you are not allowed to perform certain actions on the property. For example, you might not be allowed to build on the land because it is located in an area with a high-pressure gas pipeline.

Obligation to act

This obligation requires that, as the owner, you must perform certain actions for the benefit of the public. For example, in winter, you may be required to clear snow or spread salt on the sidewalk in front of your property.

An easement can be established through inheritance, by law, by a decision of the relevant authority, or through a written agreement. In most cases, easements are created by the property owner unless required otherwise by law.